Understanding the First Steps in a Medical Malpractice Case

Understanding the First Steps in a Medical Malpractice Case

Mar 22, 2018 | Malpractice Lawyer

Did you know that medical negligence is the third leading cause of death in the United States?

It’s true–only heart disease and cancer cause more deaths than the errors of medical professionals.

If you’ve been caused injury or illness because of medical negligence, it’s essential to get the compensation you deserve. While many people want to avoid lawsuits, filing a medical malpractice case is an important way to ensure your rights are defended.

Entering a lawsuit can be intimidating, even if you know you are on the right. Luckily, we’re here to help with these guidelines to what you can expect in the beginning stages of your medical malpractice case.

Contact an Attorney

Before you start contacting doctors, it is important to consult with an attorney about your case. An attorney will be able to look at your case and identify whether negligence occurred.

They will also be able to help you when you speak to the doctors and other medical providers involved in your case. This way, you can be sure that you do not inadvertently say something that hurts your case.

Contact Your Doctor

After you speak with your attorney, the next person to contact is the doctor who worked with you. This way, you will be able to identify what was intended to happen with your medical procedure, and what may have gone wrong.

In some cases, the doctor may be able to remedy the problem that has occurred. They may even be willing to provide further medical care free of charge to avoid litigation. That said, be sure to consult with an attorney before accepting such an offer.

Once you’ve spoken to your doctor, you should also reach out to another doctor who is unrelated to your case. This will give you a neutral view of whether your case has merit. In some states, you may need a third party physician to provide certification of the case’s merit.

Contact the Board

Once you have spoken with the doctor in question, you should contact the licensing board relevant to your case. The medical licensing board for each state oversees the licensure of all medical professionals. If you have a malpractice claim, it is the board’s responsibility to investigate it, and to potentially discipline the provider.

As your case moves forward, the board can serve as an important resource and witness. They will be able to testify as to whether the provider followed proper procedures.

Know Your Rights

When it comes to medical malpractice, patients typically have a window during which they can file a claim. The statute of limitations for your case depends on the state in which you received the medical care. Make sure to research the laws in your specific state to know when you must file your claim by.

Get Help With Your Malpractice Case Today

With this guide in hand, you will be prepared to navigate your medical malpractice case.

Ready to get started with your case? Contact us today to schedule a free consultation with one of our attorneys.